Criminal law protection of the child against parental trolling
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Pomeranian University in Slupsk
Submission date: 2023-05-31
Final revision date: 2023-10-01
Acceptance date: 2023-10-02
Publication date: 2023-10-31
Corresponding author
Aneta Zofia Kamińska-Nawrot   

Pomeranian University in Slupsk
JoMS 2023;52(3):563-578
The aim of this article is to analyse selected legal instruments aimed at protecting the child from the new phenomenon known as parental trolling, which involves parents disseminating compromising photos and videos of their child on social media in order to gain popularity, and at combating and criminalising this phenomenon.

Material and methods:
This publication analyses the literature, jurisprudence, legal acts, including in particular the provisions of the Criminal Code, which regulate the various offences that may apply to a parent who uses cyberbullying against his or her child in the form of parental trolling.

The analysis carried out confirms that the legislator has not explicitly regulated the behaviour of parental trolling. This state of affairs may cause difficulties in the criminal assessment of parental trolling behaviour and, therefore, legislative changes in this area are necessary.

It is proposed to expand the provision of Article 191a of the Penal Code to include the protection of the image of a child depicted in photographs or films which compromise the child (not only by showing the child's nudity). In addition, it is proposed to introduce a qualified type of this offence by the consequence of a suicide attempt.

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